How to Adopt a Child

On 17.07.2015 the Central Government notified the following Guidelines issued by the Central Adoption Resource Authority, superseding the Guidelines Governing the Adoption of Children, 2011 to provide for the regulation of adoption of orphaned, abandoned or surrendered children.

•         Adequately defined terms like ‘prospective adoptive parents’ and ‘surrendered child’ find a place in the preliminary provisions, which also deal with the fundamental principles governing adoption of children and permitting prospective parents’ adoption on realization of the eligibility criteria. Couples having more than four children are not to be considered for adoption.

•         Declaration of an abandoned or orphaned child as legally free for adoption shall be done by issuing an Order for the same by the Child Welfare Committee as per the format in Schedule-1. With respect to a surrendered child, recourse to counseling shall be taken to discourage surrender by biological parents. On account of surrender being inevitable, a deed of surrender shall be executed with accordance to the terms, however no advertisement to be issued in case of a surrendered child.

•         Home study report of the prospective adoptive parents shall be prepared by the adoption agency and be completed within one month, on the basis of which the eligibility of the prospective adoptive parents shall be declared along with reasons. The registration of an adoption deed is not mandatory. The Specialised Adoption Agency shall file the adoption petition in the courthaving jurisdiction over the place where it is located, within seven days from the date of acceptance by the prospective adoptive parents for obtaining the necessary adoption.

•         Pertaining to inter-country adoption, profiles of two children shall be referred to the authorised foreign adoption agency. In case the prospective adoptive parents fail to reserve any of the children within ninety-six hour, then the profile of both the children stand automatically withdrawn. No objection certificate shall be issued by the Central Adoption Resource Authority within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents. For obtaining Indian passport for the adopted child, the specialized adoption agency shall submit the application to the regional passport officer within three working days from the date of receipt of a certified copy of the adoption order. The child shall be entitled to receive care, protection and rehabilitation through the child protection services in the event of adjustment problem.

•         Directions given which specifies the procedure for renewal, suspension and inspection of Specialised Adoption Agency and enlisting the various functions of the Agency towards children and biological as well as prospective adoptive parents. Role of the Indian diplomatic missions in inter-country adoption of Indian children also finds mention.

•         Miscellaneous provisions determining seniority of the prospective adoptive parents facilitating the root search and adoption of children with special needs, also finds acknowledgment.

Team Daniel & Daniel

Ph:- 9962999008

 

How to Get Divorce for Indian Christians

The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognise divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case.

The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…

o      That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.

o      Has been guilty of incestuous adultery.

o      Has been guilty of bigamy and adultery.

o      Has been guilty of rape, sodomy or bestiality.

o      Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.

The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters.Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.

The relief granted under Indian Divorce Act, 1869…

o      Dissolution of marriage

o      Nullity of marriage

o      Judicial separation

o      Protection orders

o      Restitution of conjugal rights.

The Courts also have powers to:

o      Order adulterer to pay damages and costs

o      Order alimony, pendante-lite (pending decision of the Court) or permanent

o      Order settlement of property

o      Make order as to custody of children in a suit or separation

Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides forobtaining a decree for judicial separation on grounds of

o      adultery

o      cruelty

o      desertion, without reasonable excuse for two years or more.

Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.

Talk to your Divorce Lawyer @ 9884883318

MOST COMMONLY BLACKMAIL AND MENTAL TORTURE PRACTISED BY AN INDIAN WIFE

 Wife giving threats to commit suicide if her unjust demands are not yielded to and doings acts of committing suicide in front of husband and other family members by running towards the terrace of house, catching the live electric wire, opening up the gas burner to spread the gas in whole house, picking up the kitchen knife or some sharply edged article for hitting herself, swallowing the phenyle, Detoll or rat poison or sleeping tablets, writing suicide notes blaming husband and leaving them on the bed and table or pasting them on walls.
 If you experience such kind of blackmail and mental torture from your husband and want to relive from it you can get counseling for your  mat5rimonial problems from Daniel & Daniel @+919884883318.

Advice on selecting a divorce lawyer in India

Divorce lawyer is a crucial element in the success of your divorce case. He is the one who makes or breaks your case. In deciding and choosing a suitable divorce lawyer for your case, you need to evaluate how much your case is already resolved (i.e. what issues are there on which you and your partner has no conflict). Selecting a divorce lawyer who is appropriate for representing you is a tedious job, often overlooked by couples, assuming the divorce to proceed in a way they had planned.

Here is a list of aspects to be considered before finalizing a divorce lawyer:

·         Cost

You cannot ignore the cost factor in deciding on which divorce lawyer to hire. You need to know his/her initial consultation fees and his/her overall fees structure. You will have to see which firms and divorce lawyers your pocket can pay for. Usually more experienced and established firms have higher fees. You need to see what kind of representation you expect from your lawyer in order to determine the amount you are willing to put in hiring a divorce lawyer.

·         Experience

Higher the experience, the better is the lawyer. He has handled more cases and has detailed knowledge of more specific cases. He knows the tactics and various strategies of divorce, can handle complex legal procedure of financial and property division. Though it is advisable to hire a more experienced lawyer, but then if you don’t have too many complexities in your case then you can settle with one who is not very established but with good credentials.

·         Strong client testimonials

A good reputation assures quality in the service of divorce lawyer. You must cross check the lawyer’s credibility and success rate. Also, you should see whether he is specializing in divorce family law. The divorce lawyer should be authorized and recognized. Mere membership in a law firm is not enough to support his professional competence.

·         Accessibility

Be sure to select a lawyer who is conveniently accessible, in terms of distance as well as his schedule. Most often clients complain of not getting enough attention from their lawyer. Also remember that if your lawyer is located far from your house and court, you have to pay for his travel expenses. It will be difficult to commute daily and discuss your case details with him.

·         Interviewing your attorney

People getting divorced either jump to very famous, established divorce lawyers or hire the one they first meet. Both the approaches are wrong. You should meet different lawyers to judge where your case stands and who will be the best to compete it. Prepare your documents and have it reviewed during the initial consultation from every lawyer to understand who can fulfill your needs. Ask questions and compare them with others to choose the one that is best suited for your case.

·         Support staff

Knowing that support staff is capable and efficient is very important because they assist lawyers in the back end. Without their efficiency, a lawyer cannot give his best. Make sure to know the organization in which your divorce lawyer is working. Check whether it is well established.

·         Comfort level

Of all the things, you should be comfortable and at ease with your lawyer in discussing your case. If you feel that the lawyer is way too professional and you are not comfortable with his style then don’t go with him since you would feel hesitant all the time.

Follow these tips on selecting a divorce lawyer for getting the best deal.

 Talk to the Top Divorce Advocate @ 9884883318

After divorce bringing child to another place

A court can grant leave or permission to a person who has custody of a minor child to remove the minor child from the current jurisdiction to live in another jurisdiction. The determining factor on whether or not to allow removal is the best interest of the child standard. The party seeking the right to remove has the burden of showing that the removal is in the best interest of the minor child. To temporarily remove a child from the jurisdiction, the party doing the removal shall inform the other parent or parent's attorney. The removing party shall also provide telephone contact information as well as a prospective date of return. If the removal is to another part of the same state, the custodial party is not required to seek court permission. There are several factors that are considered when determining the child's best interest and include: Will the move enhance the life of the child and of the custodial parent? Is the removal simply an effort to frustrate visitation with the non-custodial parent? What is the motive of the non-custodial parent in frustrating the removal? The court must consider the child's interest in having a healthy can close relationship with both parents as well as other family members. The visitation rights of the non-custodial parent must be considered. Will visitation be realistic and feasible? A full consideration of the benefits that a child can derive from the financial and emotional well-being of a custodial parent is required. Courts may allow removal when the custodial parent remarries a person from another state. The child may benefit by having the custodial parent closer to the new spouse. A better job opportunity has also been used as grounds for removal. The increased earnings will allow for a better lifestyle for the child. Currently, there has been a trend against removal. The emphasis seems to be placed more directly on the best interest of the child and less on the opportunity of the custodial parent. If the non-custodial parent has been highly involved in the child's life, removal would be very difficult to obtain and would provide a hardship to the entire family. The conduct of the non-custodial parent is a major factor in whether or not to allow removal. If the non-custodial parent is absent from the child's life Article Search, the court will be more likely to grant the removal. From TEAM Daniel & Daniel Helpline:- 9962999008 email:- divorceadvocate@aol.in

Divorce Tips for Women Who Are Married to a Narcissistic Man

Divorce cases by definition represent legally complex and emotionally challenging proceedings says Emily Doskow. The essential difficulties of divorce proceedings magnify if you are a woman facing a husband with self-centered or even narcissistic tendencies. Specific tips and strategies exist to allow you to best protected your rights and interests in this type of marriage dissolution situation. Legal Counsel Despite possessing the right to represent yourself in divorce proceedings, when there is a narcissistic man on the other wide of the aisle, seriously consider hiring an advocate. Perhaps no other tip is more important than engaging experienced legal representation to act on your behalf. Or you can get legal counseling help for 24*7 from +919962999008. Mediation With or without legal representation, another strategy to employ as you proceed to divorce a narcissistic man is mediation. The mediation process involves the appointment of a trained mediator---who specializes in family law matters---to work with you and your husband to resolve issues in your case.. Although the mediator does not make decisions for you, she works to assist you and your spouse in negotiating a settlement of issues in your case. A mediator is a valuable resource in cases involving a spouse that is more focused on himself than on what is legally permitted or even in the best interests of children. Written Communication A helpful tip regarding communication with a narcissistic husband is to put everything in writing. Written communication serves a number of objectives, including relieving you of what very well may be unpleasant phone or face-to-face conversations with your husband. Email is an acceptable form of written communication; text or instant messaging are not appropriate. Through email communication, you do not need to make immediate responses to communications from your husband. With text or instant messaging you can fall victim to making knee-jerk responses to your self-centered spouse, communications that might not be in your own best interests. Counseling or Therapy After living with a narcissistic husband, you may have developed self esteem or other issues. Consider seeking out a counselor or therapy to assist you with any emotional matters afflicting you in the aftermath of your marriage. By addressing these issues you will find yourself empowered to better protect your rights and interests in your divorce proceedings. From TEAM Daniel & Daniel To talk to our team for Legal Counseling call: 9962111818. Email:- matrimonialsolutions@hotmail.com

Divorce Tourism- with Marriage Counselling, a new trend.

If you're experiencing marital strife, the thought of sharing your two-week holiday in the Maldives with a marriage guidance counsellor may not be conducive to patching things up. Now Indian travel firm's idea to use holidays to pull couples back from the brink of divorce catches on, the concept could be heading for Britain. Mumbai-based KV Tours and Travels is offering 'divorce tourism' packages where couples are accompanied by a relationship counsellor to encourage them to give things another go. Despite the fact that India has one of the world's lowest divorce rates with one in 100 married couples breaking up, it is apparently on the rise. KV Tours and Travels chief executive Vijesh Thakker, who was inspired by the break-up of a friend's marriage, said: 'With divorce tourism, what we're trying to do is to bring together couples who are heading towards divorce to stop them. 'Nowadays divorce rates are rising, so we need to sort it out. It's a good thing we're doing. And we're helping domestic and international governments by promoting tourism. 'We're not destiny changers, we want them to treat the trip like a second honeymoon.' Clinical psychologist and psychotherapist Rhea Pravin Tembhekar said the idea might work in some cases - but not all. She said: 'If you're fighting about trivial things, like time management or in-laws issues - "my mother, your mother, my money, your money, etcetera" - maybe a holiday might work. 'But sometimes the issues are very critical, like domestic violence. You can't go on holiday and resolve that.' Daneil & Daniel’s Managing partner Mr.K.P.Satish kumar said this kind of tourism reduces the misunderstanding between the couples and helps to reduce the divorce rates. From TEAM Daniel & Daniel Exclusive Divorce Law Firm To talk to the Top divorce law expert @ 9962999008. Email:- divorceadvocate@aol.in